Law: Specific Relief Act, 1877

Section: 24

(a) Specific Relief Act (I of 1877)--- ----S.24---Agreement to sell---Non-deposit of balance sale consideration despite direction of court---Effect---Appellant/vendee filed suit for possession through specific performance of agreement to sell against respondents for non-performance of the same---Appellant was directed by the Trial Court to deposit the remaining sale consideration, who failed to comply with such direction despite availing numerous opportunities including a last opportunity---Trial Court dismissed appellants suit---Appellant contended that he was ready to make the requisite payment and that it was in the best interest of justice if one opportunity be granted to the appellant---Validity---Wisdom behind ordering a vendee to deposit the remaining sale consideration was not only to see the vendees bona fides/seriousness about fulfilling his contractual obligation but also to safeguard the rights of the vendor, therefore, any such order of deposit would definitely allure to the benefit of both the parties---Perusal of the record transpired that appellant from the very beginning had been applying delaying tactics in order to obviate the deposit of remaining sale consideration---Trial Court passed an order of deposit of remaining sale consideration in view of the Hamood Mehmoods case (2017 SCMR 2022) whereafter, successive opportunities were granted to the appellant to do the needful including last opportunity but even then he did not bother to do the needful---Appeal was dismissed accordingly. Messrs Kuwait National Real Estate Company (Pvt.) Ltd. and others v. Messrs Educational Excellence Ltd. and another 2020 SCMR 171; Inayatullah Khan and others v. Shabbir Ahmad Khan 2021 SCMR 686; Muhammad Shafiq Ullah and others v. Allah Bakhsh (deceased) through L.Rs. and others 2021 SCMR 763; Muhammad Yousaf v. Allah Ditta and others 2021 SCMR 1241; Mst. Rehmat and others v. Mst. Zubaida Begum and others 2021 SCMR 1534 and Mst. Waris Jan and another v. Liaqat Ali and others PLD 2019 Lahore 333 rel. Muhammad Asif Awan v. Dawood Khan and others 2021 SCMR 1270 distinguished. (b) Specific Relief Act (I of 1877)--- ----S.24---Remaining sale consideration---Last…

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